Bill Watch 44/2019
Amendments to the
Maintenance of Peace and Order Bill
12 August 2019
other weapons as a last resort. The National Assembly passed an amendment to
the clause to remove the references to firearms and weapons. This is a welcome
and necessary change, one which was not suggested by the PLC.
Clause 14: Persons to carry identity documents
This clause required every adult to carry his or her identity document in public and
gave police officers power to demand that he or she produce it. This, as the PLC
rightly pointed out, was unconstitutional.
The clause has been amended so that it provides merely that if a person is
reasonably suspected of having committed an offence the police can demand his
or her identity document. The person will then have to produce it within seven
days at a police station. The clause is now constitutional.
The next five amendments were not suggested by the PLC and were made in the
course of debate during the Committee Stage in the National Assembly.
Clause 15: Cordon and search
This clause will allow the police to establish cordons round an area in order to
contain public violence within the area or to prevent violence spreading to the
area. The effect of the amendment is that cordons may be established for those
purposes if it is reasonably necessary to do so in the interests of, amongst other
things, “public morality, public health or regional or town planning”. What public
morality, public health or town planning have to do with containing public violence
is anyone’s guess.
Clause 19: Powers of search and seizure
This clause will allow a court convicting a person of an offence involving public
security to order the forfeiture of any vehicle, aircraft or vessel involved in the
offence. The amendment will limit the court’s power to vehicles, aircraft or vessels
used to commit the offence or to enable it to be committed.
Clause 21: Special jurisdiction of magistrates
This clause will give magistrates jurisdiction to impose very severe sentences for
offences involving public security. The National Assembly resolved to delete a
subclause giving the President power to suspend the operation of the
clause. While deleting the subclause is a good idea, magistrates’ sentencing
powers under the clause are still far too great and should only be exercised by the
High Court.
New clause: Repeal of POSA
The Assembly resolved to insert a new clause repealing POSA; the Bill in its
original form omitted to do this.
Schedule:
The Assembly voted to insert a provision that will allow “meetings of traditional
leaders with their subjects” to be held without the need to give prior notice to the
police.